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O'BRIEN v. NYS COMMR. OF EDUC.

515382

112 A.D.3d 188 (2013)

975 N.Y.S.2d 205

2013 NY Slip Op 7223

In the Matter of THOMAS C. O'BRIEN, Appellant, v. NEW YORK STATE COMMISSIONER OF EDUCATION et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

November 7, 2013.

Attorney(s) appearing for the Case

Thomas C. O'Brien, Corning, appellant pro se.

Eric T. Schneiderman , Attorney General, Albany ( Andrew B. Ayers of counsel), for New York State Commissioner of Education, respondent.

Harris Beach, PLLC, Pittsford ( Joseph D. Picciotti of counsel), for City School District of the City of Corning, respondent.

PETERS, P.J., STEIN and McCARTHY, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Respondent City School District of the City of Corning is a small city school district located in the counties of Steuben, Schuyler and Chemung (see Education Law art 51). In 2010, the School District's Board of Education (hereinafter Board) approved a district-wide plan, scaled back from earlier unsuccessful proposals, to reorganize and upgrade the School District's facilities...

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